Why court has blocked sole claim to Justice Majanja's Sh22M insurance funds

Justice Majanja died last year, leaving behind a Will dated June 21, 2014.

Dispute arose over his Group Life Assurance proceeds and the judiciary employee benefits.

The late Justice David Majanja’s insurance and employee benefits, worth Sh22 million, must be administered as part of his intestate estate, the High Court has ruled.

Justice Majanja died on July 10, 2024, leaving behind a Will dated June 21, 2014, as well as several properties acquired over the subsequent decade.

He had neither spouse nor children.

Yesterday’s ruling followed a dispute over whether the Sh22,041,340 Group Life Assurance (GLA) proceeds and Judiciary employee benefits should be disbursed solely to Martin Aluvisia Majanja, a beneficiary named in the 2014 will.

“This court therefore declares that the proceeds from the Group Life Insurance Policy and Judiciary employee benefits are not choses in action (they are not claims or rights that must be enforced through a lawsuit), as envisaged in paragraph 4(c) of the will, being bequeathed to Martin Aluvisia Majanja,” Justice Riechi ruled.

At the time of his death, Justice Majanja’s estate — comprising bank accounts, shares, post-employment benefits, and properties in Nairobi, Kisumu, Kakamega, Kajiado, and Mavoko — was conservatively valued at more than Sh50 million.

He was survived by seven siblings: Gerishom Lujitio Majanja, Priscilla Nthenya Majanja, Genard Louis Muhanji Majanja, Janet Masista Majanja, Annet Lutivini Majanja, Martin Aluvisia Majanja, and Allan Siema Majanja.

In the absence of a spouse or children, the question of inheritance proved legally complex.

According to the will seen by The Standard, the bulk of the estate — particularly bank funds and shares — was bequeathed to his youngest brother, Martin Majanja.

In paragraph 4(c), the judge directed: “All monies in my bank account, shares & choses in action [to] Martin Majanja absolutely.”

His sister Annette was bequeathed household items and a property in Butsotso, to be shared with stepbrother Allan.

The apartment in Kilimani, Nairobi County, where Justice Majanja lived, was to be shared among Allan, Annette, and Martin.

Justice Majanja appointed Joseph Kihanya and his former law firm partner, Steve Luseno, as executors. They were granted probate on July 21, 2025. Gerishom Lujitio Majanja and Genard Louis Muhanji Majanja were appointed administrators of the intestate properties, including assets not named in the Will.

Following the judge’s death, Martin Majanja filed an application seeking orders compelling the Chief Registrar of the Judiciary to release the Sh22,041,340 GLA proceeds to him. He argued that the funds constituted “choses in action” bequeathed to him under paragraph 4(c) of the Will.

"The deceased died testate on June 10, 2024, leaving a duly executed Will dated June 21, 2014… The Will expressly bequeathed all monies, bank accounts, shares, and choses in action absolutely to me, Martin Jesse Kioko Majanja. The continued withholding of the said funds is prejudicial, unlawful, and contrary to the express testamentary intention of the deceased as confirmed by this Court," he stated in an affidavit.

The Judiciary, however, maintained that the funds arose from life insurance arrangements and were not estate assets governed by the Will.

Responding to the application, Annette opposed the release of the GLA proceeds solely to Martin, arguing that the funds were not part of the testamentary estate.

“The bequeathment in the deceased’s written will is extrinsic to the dictates of the Group Life Assurance policy and therefore the applicant is unfounded in construing an expression of the will to be a nomination in a totally distinct scheme,” she stated in court filings dated October 2025.

She further argued that the policy funds were not choses in action and that the deceased had not nominated any beneficiary under the policy.

The Chief Registrar of the Judiciary confirmed that Justice Majanja had not completed beneficiary nomination forms for the GLA or his retirement benefits. The court was therefore required to determine whether those entitlements qualified as “choses in action” under the Law of Succession Act.

The High Court held that the GLA proceeds and employee benefits were predefined entitlements administered by the Judiciary without the need for legal action, and therefore did not qualify as choses in action.

“I find that the Group Life Insurance proceeds and employee benefits from the Judiciary are defined benefits, determined in advance. They are administered by the entities without legal action in the form of a lawsuit or judicial proceedings. They are therefore not choses in action,” Justice Riechi ruled.

He explained that a chose in action refers to a benefit arising from claims enforceable through legal proceedings, such as civil claims, damages, or liabilities in tort.

Justice Riechi relied on Section 111(5) of the Insurance Act, which provides that where no nominee is designated, the amount secured by the policy shall be payable to the policyholder, or his heirs, legal representatives, or the holder of a succession certificate, as the case may be.

As a result, the court declared that the GLA proceeds and employee benefits form part of the intestate estate and must be distributed among all eligible beneficiaries in accordance with intestacy laws, rather than solely to Martin Aluvisia Majanja.

The court had earlier appointed Gerishom Lujitio Majanja and Genard Louis Muhanji Majanja as administrators of the intestate estate on July 21, 2025. These administrators have now been directed to file summons for confirmation of the intestate assets, including the Group Life Insurance proceeds and employee benefits, by February 24, 2026.

The confirmation hearing is scheduled for 4 March 2026.